'Distributor Not Agent, Independent Contractor': Supreme Court Elaborates Law On Agency

While deciding the question of cellular mobile service providers' liability to deduct tax at source under Section 194-H of the Income Tax Act, 1961, the Supreme Court recently summarized aspects that must be kept in mind by Courts while examining whether principal-agent relationship exists in particular case.The factors/aspects enunciated by the Bench of Justices Sanjiv Khanna and SVN...

HCs & SC Should Refrain From Fixing Time-Bound Schedules For Case Disposal In Other Courts Ordinarily: Supreme Court

In a momentous ruling, a Supreme Court constitution bench on Thursday (February 29) reversed its 2018 Asian Resurfacing judgment, firmly stating that directives mandating automatic expiration of interim orders after a set period cannot be issued by the apex court under Article 142 of the Constitution.The latest ruling was handed down on Thursday by a five-judge bench led by Chief Justice...

TDS Under S.194-H Income Tax Act Won't Apply To Business Transactions Where Assessee Is Not Responsible For Paying Income : Supreme Court

In a significant development, the Supreme Court recently held that under Section 194-H of the Income Tax Act, 1961, cellular mobile service providers are not liable to deduct tax at source on income/profit component in payments received by their franchisees/distributors from third parties/customers. “…we hold that the assessees would not be under a legal obligation to deduct tax...

Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court

The Supreme Court upheld the decision of the Rajasthan Government to disqualify a candidate from applying to a police constable post for having more than two children.The Court held that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002"...

People Need To Be Educated That Granting Bail Doesn't Mean Acquittal; Trial Courts Under Social Pressure To Deny Bail : Justice AS Oka

Justice Oka said that around 30% of cases in the Supreme Court are bail matters.

No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment

In a significant ruling, the Supreme Court on Thursday (February 29) overturned its 2018 Asian Resurfacing judgment which mandated the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.The latest verdict, setting aside the earlier ruling, was handed...

Are States' Powers To Tax Mineral Rights Limited By MMDR Act? Supreme Court 9-Judge Bench Discusses [Day 2]

The Supreme Court's 9-judge Constitution Bench continued its hearing on the intricate taxation matter related to mineral-bearing lands, exploring key questions about the constitutional distribution of powers. Chief Justice DY Chandrachud raised a pivotal query during the session, questioning whether a tax on mineral-bearing land, while technically a land tax, could impact mineral...

'Lawyers Function In An Environment Beyond Their Control' : SCAORA Urges Supreme Court To Not Apply Consumer Protection Act To Advocates

Today (on February 28), before the Supreme Court, in an important matter regarding the inclusion of lawyer's services under the Consumer Protection Act of 1986, submissions were advanced to convince the Bench as to why Services would not fall under the mentioned Act. The Supreme Court Advocates-on-Record Association (SCAORA), which has intervened in this matter, brought out four...

'Sikh Chamar' & 'Ravidaasiya Mochi' Synonymous? Supreme Court Reserves Judgment In MP Navneet Kaur Rana's Caste Certificate Case

In a plea over the cancellation of Amravati MP Navneet Kaur Rana's 'Mochi' caste certificate, the Supreme Court today reserved its judgment.The Bench of Justices JK Maheshwari and Sanjay Karol was hearing Rana's challenge to a Bombay High Court order of 2021, where it was observed that she fraudulently obtained 'Mochi' caste certificate, even though records indicated that she belonged to...

Under PMLA, Jail Is The Rule And Bail Is The Exception: Madras High Court In Senthil Balaji's Plea

The Madras High Court on Wednesday emphasised that though generally bail is the rule and jail is the exception, under the Prevention of Money Laundering Act(PMLA), this principle was turned and jail became the rule. Justice Anand Venkatesh made the observations while dismissing the bail plea of former TN Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate...

Why Range Of Rates For Hospital Services Not Specified? Supreme Court Slams Centre, Warns Court Might Apply CGHS Rates

The Supreme Court criticised the Central Government's failure to specify the range of rates within which private hospitals and clinical establishments can charge for their treatment services. Although a rule in this regard was framed twelve years ago, the Court noted that it has not been enforced yet.A bench of Justices BR Gavai and Sandeep Mehta was hearing a public interest litigation...

Coal Block Scam | Whether Restriction On Seeking Stay Of Probe, Trial Applicable To PMLA Cases? Supreme Court To Consider

The Supreme Court on Monday (February 26) called for a response from the Directorate of Enforcement (ED) on the issue as to whether bar imposed by the Court's earlier decision, of any prayer for stay/impeding progress of investigation/trial in Coal Block Allocation cases being maintainable only before it, is applicable to orders passed on complaints under the Prevention of Money Laundering...